Madras High CourtCRL OP(MD)/11764/2015disposed of

Kandasamy @ Jeyaraj, M/70 v. The Superintendent Of Police

2015-06-26Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P(MD) No.11764 of 2015 Kandasamy @ Jeyaraj ... Petitioner/Accused No.1 Vs.

1.The Superintendent of Police, Tuticorin District, Tuticorin.

2. The Inspector of Police, Masarpatti Police Station, Tuticorin District, In Crime No.76 of 2015.

... Respondents/Complainant PRAYER:This petition is preferred under Section 482 Cr.P.C to direct the learned II Additional Sessions Judge cum PCR Court, Tirunelveli to consider the bail application filed by the petitioner on the same day of surrender in Crime No.76 of 2015, on the file of the second respondent.

For Petitioner : Mr.P.Subburaj For Respondents : Mr.A.P.Balasubramani Government Advocate(Crl.Side)

O R D E R

The petitioner approach this Court with a prayer to direct the learned II Additional Sessions Judge cum PCR Court, Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day in connection with Crime NO.76 of 2015, on the file of the respondent police.

2. The petitioner is alleged to have committed an offences under Sections 294(b), 323, 324 and 506(ii) I.P.C. r/w 391)(x) of SC/ST Act. It is stated by the petitioner that he is innocent. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner would submit that the petitioner is prepared to surrender before the lower Court to

co-operate with the prosecution and his petition for bail may be ordered to be considered on the same day.

4. The learned Government Advocate (Crl. Side), on instructions, would submit that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner by issuing a direction to the lower Court to dispose of the petition for bail on the same day, no prejudice would be caused to the prosecution, the following direction is issued to the lower Court:- "In the event of the petitioner surrendering before the learned II Additional Sessions Judge cum PCR Court, Tirunelveli and his filing of petition seeking bail, the learned II Additional Sessions Judge cum PCR Court, Tirunelveli shall dispose of the said petition for bail on the same day strictly on merits and in accordance with law."

Accordingly, the Criminal Original Petition stands disposed of.

Sd ASST REGISTRAR TRUE COPY SUB ASST REGISTRAR ssl To 1.The II Additional Sessions Judge, cum PCR Court, Tirunelveli.

2The Superintendent of Police, Tuticorin District, Tuticorin.

3. The Inspector of Police, Masarpatti Police Station, Tuticorin District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1cc to mr. P. SUBBARAJ, ADV SR: 33961 DM 06 JULY 2015 Crl.O.P(MD)No.11764 of 2015 26.06.2015 2P:6C https://hcservices.ecourts.gov.in/hcservices/